Demolition-delay ordinance heads back to Norwalk law dept.

The Common Council's Ordinance Committee will turn to the city's law department for advice on toughening Norwalk's demolition-delay ordinance.

At issue is the role of the Historical Commission.

"We're sending it back to the corporation counsel's office for the determination on what the role of the Historical Commission could be," said Amanda M. Brown, Ordinance Committee chairwoman. "If we decided that the role that we're asking them to play is consistent with the opinion of the corporation counsel's office, we'll have another joint meeting to see whether the Historical Commission is willing to administer the duties."

"Basically, we just wanted them to determine if an objection to a demolition delay had merit, based on the historic criteria, and (Historical commissioners) were somewhat reluctant to make the decision on private property matters," Brown said.

On Tuesday night, members of the Ordinance Committee and Historical Commission met to discuss proposed revisions to demolition delay ordinance, and what the latter's role should be in the delays.

The existing ordinance allows objections to be filed to building demolitions. The ordinance allots a 90-day delay period during which the property owner and those objecting to the demolition are encouraged find alternatives. The Historical Commission "may" hold a public hearing.

In 2007, the council voted narrowly to adopt a tougher demolition-delay ordinance, which would have boosted the delay period 180 days, as is now allowed by state law, and raise the violations fine to $500. Mayor Richard A. Moccia considered the measure too restrictive and possibly illegal. He vetoed it.

David W. Park, commission chairman, said commissioners have held on average one public hearing a year on demolition delays. He said the existing ordinance doesn't need revision and predicted that some proposed language revisions, such as stating that the commission "shall" hold a public hearing, won't fly with the law department -- especially if private property is involved.

"This was our point (Tuesday) night, that the law department would probably reject any type of revision that gives the Historical Commission this type of authority," Park said. "We on average have one public hearing a year, so I don't really think a revision is really necessary."

"The Historical Commission really doesn't want any more responsibility than we already have regarding demo delays," Park added.

Several years ago, property rights advocates charged that the commission was curtailing property owners rights. They considered the delay filed against the demolition of the Grumman-St. John House at 93 East Ave., a private property owned by The Norwalk Inn & Conference Center, an abuse of the commission's authority. The Norwalk Preservation Trust sued the inn against the demolition. The matter remains in court.

At the time, city attorneys said commission authority was limited to city-owned historical properties, such as Lockwood-Mathews Mansion. Moccia, meanwhile, has appointed to the commission persons who take a narrower view of its authority.

Preservationists and those not reappointed to the commission maintain Norwalk's history is rapidly being lost through building tear downs and redevelopment.

All seem to concur that the city's historic resource inventory, now three decades old, needs revision. To that end, the Historical Commission has budgeted $20,000 and may seek additional money from the state, according to Park.